'Cannot Demolish Property This Way!' SC To Issue Pan-India Guidelines Against 'Buldozer Justice'

The Supreme Court said that it will issue pan-India guidelines to ensure that authorities carry out demolition of unauthorised properties in accordance with law

The Supreme Court on Monday said that it will issue pan-India guidelines to ensure that authorities carry out demolition of unauthorised properties in accordance with law and not just because the owner is an accused or a convict in any other offence. The court was hearing a petition against "bulldozer justice" where houses are being demolished without any "notice" as a "revenge" for some other offence that the owner or a resident may be accused of.

The top court said that the authorities will have to follow the rules laid down for demolition of unauthorised property. The apex court remarked that apparently there is a breach of rules and the Supreme Court will lay down guidelines to streamline the issue on next date of hearing. The matter has been listed for September 17.

State Can't Demolish Property Just Because Someone Is A Convict

The bench of by Justice BR Gavai and Justice KV Viswanathan questioned Solictor General Tushar Mehta that how property of an accused, suspect or even a convict can be demolished this way.

The bench retirated that property of an accused, or even a convict cannot be demolished this way. 

SG Mehta appearing for Centre and BJP ruled states (Madhya pradesh, UP, Rajasthan) told the court that they act only if there is a violation of municipal laws. However, the top court said that after looking at the complaints, it appears that there has been a breach.

SG Mehta quoted from his counter-affidavit in court dated August 2022 on behalf of the UP governemnt, and said that the state government has said that merely because a person is alleged to be part of an offense, it can't be ground for demolition. No immovable property can be demolished because owner/occupant is involved in offense. And demolition can only take place as per municipal laws. He contended that in cases where demolition was carried out, notices were issued long back.

The Supreme Court took note of this submission and said that it appreciates the above stand taken by State of Uttar Pradesh. It further said that since the government has taken such a stand, it should not have any problem if the top court lays down guidelines on a pan-India basis to ensure that it is implemented and followed across India.

"We appreciate stand taken by State of Uttar Pradesh. We find that it is appropriate that counsel for the parties can give suggestions so that court can frame guidelines which are applicable on pan-India basis," the bench said while dictating order. 

Supreme Court Is Not Going To Protect Unauthorised Properties

Justice Gavai further, noted that no there was no visible change in attitude, despite the previous hearing. He said that the court is not going to protect unauthorised construction, but, will lay down guidelines to ensure there is no breach of law.

He further observed that the position of law, is being followed "more in breach" while carrying out the demolitions.

"If construction is unauthorised, even in such cases, it has to be in accordance with law." Justice Gavai said.

Justice Viswanathan also warned that nobody should take advantage of lacunas in law.

"A father may have a recalcitrant son, but if house is demolished on this ground...this is not the way to go about it." Justice Viswanathan remarked.

Justice Viswanathan was refering to one of the two plea filed in the court against 'buldozer action' by state government of Rajasthan.

The plea was filed by Rashid Khan, a 60-year-old auto-rickshaw driver from Udaipur, who alleged that his house was demolished by the Udaipur district administration on August 17, 2024.

He alleged that this was done after communal clashes broke out in Udaipur after a Muslim schoolboy allegedly stabbed his Hindu classmate who later succumbed to his injuries. Khan is the father of the accused school boy.

Supreme Court To Hear Plea Against 2022 Jahingirpuri Demolition Next

Senior Advocate Dushyant Dave while appearing for petitioners mentioned the bulldozer demolition in Delhi's Jahangirpuri that was carried out on April 16.

On April 16, a Shobha Yatra to celebrate Hanuman Jayanti was organised in Jahangirpuri. However, during the procession, riots broke out between Hindus and Muslims after stones were allegedly pelted at the procession.

On April 19, the chief of BJP's Delhi wing wrote to the North Delhi Municipal Corporation (NDMC), pointing to the illegally constructed homes and establishments in the area that belonged to the alleged rioters.

On April 20, the NDMC, led by Mayor and BJP politician Raja Iqbal Singh, launched a drive to raze encroachments in the area, demolishing several structures in Jahangirpuri, many of which were owned by Muslims.

Senior Advocate Dave while recounting the demolition said that one of the house was demolished because of a tenant and not the owner of the property. Other counsels present in the court also said that houses as old as 50-60 years were demolished.

When the top court asked if the act was carried out by a mob, Dave told the court that it was indeed done by officials. The court said that it will hear the matter in detail on Tuesday.